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...reasons you might expect. Kendall is the founder of the Constitutional Accountability Center (CAC), a left-leaning legal think tank that watches Supreme Court decisions and advocates public-interest law. He points out that with the Court frequently deadlocked between more conservative voices (like Antonin Scalia and John Roberts) and more liberal ones (like Stephen Breyer and Ruth Bader Ginsburg), the next President has the power to appoint a new Justice who will tilt the Court. Perennially debated matters, like abortion rights, could be at stake, along with new hot-button issues such as the rights of prisoners held...

Author: /time Magazine | Title: A Green Crossroads for the Supreme Court | 7/15/2008 | See Source »

...biggest surprise from the Supreme Court term that just ended: Barack Obama hearts the Roberts Court. At the end of June, the Democratic candidate praised Justice Antonin Scalia's 5-4 decision striking down the Washington ban on handgun possession, a ruling that recognizes the right to bear arms as an individual right. Two weeks earlier, from the other side of the ideological spectrum, Obama praised Justice Anthony Kennedy's 5-4 decision allowing enemy combatants to challenge their detentions in federal courts, a rebuke to the Bush Administration's policies toward Guantánamo detainees. Obama's only major quarrel...

Author: /time Magazine | Title: The Supreme Court's Group Hug | 7/3/2008 | See Source »

...matched against their joy was a storm of protests, beginning from right inside the nation's top courthouse itself. Justice Antonin Scalia read aloud from the bench his withering dissent that morning five years ago. Joined by then-Chief Justice Rehnquist and Justice Clarence Thomas, Scalia called the decision to strike down laws against sodomy "a massive disruption of the current social order," and predicted that it would lead to the collapse of laws against gay marriage, fornication, bigamy, adultery, adult incest, bestiality, and obscenity. "This effectively decrees the end of all morals legislation...

Author: /time Magazine | Title: The Court's Gay Rights Legacy | 6/28/2008 | See Source »

...pileup of concurrences and dissents that often resulted in Kennedy determining the law. In the 24 decisions that came down 5-to-4 last year, Kennedy was the decisive vote in every case, never once dissenting. Of those 24, 19 of them reflected the traditional conservative-liberal split (Roberts, Antonin Scalia, Clarence Thomas, Alito versus John Paul Stevens, David Souter, Ruth Bader Ginsberg and Stephen Breyer) with the conservatives winning 13 and the liberals getting six. Says Lazarus, "The only really big case the liberals won 5-4 last term was the global warming case, Massachusetts v. EPA." This term...

Author: /time Magazine | Title: When the Supremes Get Along | 6/27/2008 | See Source »

...just that, ruling for the first time that the Constitution confers an individual right to gun ownership beyond providing for "a well regulated Militia," as the amendment states. The Constitution does not permit "the absolute prohibition of handguns held and used for self-defense in the home," Justice Antonin Scalia, the court's arch-conservative, wrote in the majority opinion...

Author: /time Magazine | Title: The Future of Gun Control | 6/26/2008 | See Source »

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